The Supreme Court's past affirmative action cases

Jun. 24, 2013
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Demonstrators Sid Jacobo, left, and Jazel Flores, right, both University of California- Berkeley students, protest outside of the U.S. 9th Circuit Court of Appeals after a panel heard arguments in San Francisco, Monday, Feb. 13, 2012. More than 15 years after California banned affirmative action, a federal appeals court on Monday heard a legal challenge to the ban on considering race in public college admissions. The U.S. 9th Circuit Court of Appeals heard arguments in a lawsuit seeking to overturn Proposition 209, which barred racial, ethnic or gender preferences in public education, employment and contracting. / Paul Sakuma, AP

by USA TODAY

by USA TODAY

The Supreme Court has wrestled with racial preferences in education for decades:

Regents of the University of California v. Bakke, 1978: Eliminated racial quotas in college admissions as a violation of the Constitution's equal protection clause. However, race can be considered among other admission factors to achieve diversity.

Grutter v. Bollinger, 2003: Upheld the University of Michigan law school's "narrowly tailored" use of racial preferences as a means of achieving diversity. The 5-4 decision was written by Justice Sandra Day O'Connor, since replaced by the more conservative Justice Samuel Alito.

Gratz v. Bollinger, 2003: Declared unconstitutional a strict point system that included race as a factor along with athletic ability and academic achievement. The 6-3 decision went against the University of Michigan's undergraduate program.

Parents Involved in Community Schools v. Seattle School District No. 1, 2007: Chief Justice John Roberts wrote the 5-4 decision striking down the use of race to achieve integration in public school systems. "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," Roberts said.